CEC Certification. Eligible Customer-Generators wishing to participate in this Schedule must obtain and maintain certification as a Qualifying Combined Heat and Power (CHP) System pursuant to the California Energy Commission (CEC) Guidelines For Certification of Combined Heat and Power Systems Pursuant to the Waste Heat and Carbon Emissions Reduction Act, Public Utilities Code Section 2840 et seq.
CEC Certification. 38 Section 3.8 PTC Option Amendment 38 Section 3.9 FCDS/XXXX Adjustment 38 Section 3.10 XXXX Augmentation 38 Section 3.11 Failure to Reach PV Contract Capacity or XXXX Contract Capacity 39 ARTICLE IV OPERATION AND MAINTENANCE OF THE FACILITY 40 Section 4.1 General Operational Requirements 40 Section 4.2 Operation and Maintenance Plan 41 Section 4.3 Operation and Use of the XXXX; Grid Charging 41 Section 4.4 Outages 42 ARTICLE V COMPLIANCE DURING CONSTRUCTION AND OPERATIONS; SECURITY 43 Section 5.1 In General 43 Section 5.2 Buyers’ Rights to Monitor in General 44 TABLE OF CONTENTS (continued) Page Section 5.3 Effect of Review by Buyer 45 Section 5.4 Compliance with Standards 45 Section 5.5 Quality Assurance Program 46 Section 5.6 Reporting and Information 46 Section 5.7 Performance Security 46 ARTICLE VI PURCHASE AND SALE OF PRODUCT 48 Section 6.1 Deliveries; Purchases by Buyer 48 Section 6.2 Third Party Sales 50 ARTICLE VII TRANSMISSION AND SCHEDULING; TITLE AND RISK OF LOSS; COMPLIANCE 50 Section 7.1 Transmission and Interconnection 50 Section 7.2 Scheduling Coordinator; CAISO Cost Allocation 50 Section 7.3 Forecasting and Scheduling of Energy 51 Section 7.4 Curtailment 53 Section 7.5 [Reserved] 54 Section 7.6 Title; Risk of Loss 54 Section 7.7 RPS and EPS Compliance 55 Section 7.8 Change in CAISO Tariff 56 Section 7.9 Change in Market Structure 56 ARTICLE VIII ENVIRONMENTAL ATTRIBUTES 57 Section 8.1 Transfer of Environmental Attributes 57 Section 8.2 Reporting of Ownership of Environmental Attributes 57 Section 8.3 Environmental Attributes 57 Section 8.4 WREGIS 57 Section 8.5 Further Assurances. 58 ARTICLE IX SHORTFALL ENERGY, AVAILABILITY, AND PERFORMANCE GUARANTEE REQUIREMENTS 58 Section 9.1 Makeup of Shortfall 58 Section 9.2 Replacement Product 58 Section 9.3 Shortfall Damages 59 Section 9.4 Availability Requirement 60 TABLE OF CONTENTS (continued) Page Section 9.5 [Reserved] 60 Section 9.6 Performance Guarantees, Remedies and Termination Rights 60 ARTICLE X CAPACITY RIGHTS 62 Section 10.1 Capacity Rights 62 Section 10.2 Covenant Regarding Capacity Rights 62 Section 10.3 Failure to Provide Expected RA Capacity 62
CEC Certification. Seller shall provide Buyer with a copy of the CEC pre-certification of the PV System at least thirty (30) days prior to the date on which PV Delivered Energy is first delivered to Buyer. Promptly, but in no event more than ten (10) days following the Commercial Operation Date, Seller shall file with the CEC all materials and documents required to demonstrate that the Facility is entitled to be CEC Certified. Seller shall promptly provide Buyer with copies of all submittals to the CEC and other correspondence between Seller and the CEC. Failure by Seller to comply with the requirements set forth in this Section 3.7 shall constitute a Default by Seller, subject to the cure periods set forth in Section 13.1(b). Buyer may, in its sole discretion and without penalty to Buyer, terminate this Agreement, effective upon notice to Seller if Facility is not CEC Certified by the date that is six (6) months after the Commercial Operation Date.
CEC Certification. Following the Commercial Operation Date, Seller shall promptly file with the CEC all materials and documents required for the Facility to be CEC Certified in conformance with the CEC Guidebook for Renewables Portfolio Standard Eligibility, as amended from time to time. Seller shall promptly provide Buyer with copies of all material submittals to the CEC and other correspondence between Seller and the CEC, including any correspondence evidencing that the Facility has been CEC Certified.
CEC Certification. The Seller, at its own cost and expense, shall obtain the RPS Certification within six (6) months of the Commercial Operation Date. The Seller shall maintain the RPS Certification at all times during the Delivery Term. The foregoing provision notwithstanding, the Seller shall not be in breach of this Agreement and the Buyer shall not have the right to terminate this Agreement, if the Seller’s failure to obtain or maintain the RPS Certification is due to a change in California law, occurring after the Commercial Operation Date, so long as the Seller has used commercially reasonable efforts to obtain and maintain the RPS Certification and the Seller’s actions or omissions did not contribute to its inability to obtain and maintain the RPS Certification.
CEC Certification. No later than __ ( ) days after the Effective Date, Seller shall deliver to Purchaser a copy of the application in the name of Seller (or an Affiliate of Seller) that has been filed with the CEC for the pre-certification of the System as comprising eligible renewable energy resources in accordance with the Public Utilities Code Section 399.12(e) and the applicable guidelines adopted by the CEC. Following the initial Delivery Notice, Seller shall promptly file with the CEC all materials and documents required for the System to be CEC Certified in conformance with the CEC Guidebook for Renewables Portfolio Standard Eligibility, as amended from time to time. Seller shall promptly provide Purchaser with copies of all material submittals to the CEC and other correspondence between Seller and the CEC, including any correspondence evidencing that the System has been CEC Certified. Seller shall ensure that the System remains CEC Certified through the Term of this Agreement.
CEC Certification. 8 Section 4.5 Exclusive Remedies 8 ARTICLE V CONSTRUCTION AND OPERATION PERIOD 9 Section 5.1 In General 9 Section 5.2 Effect of Review by Buyer 10 Section 5.3 Security Provided by Seller 10 ARTICLE VI OPERATION AND MAINTENANCE OF THE FACILITY 14 Section 6.1 Compliance with Electrical Service Requirements 14 Section 6.2 General Operational Requirements 14 Section 6.3 Operation and Maintenance Reporting after Commercial Operation 14 Section 6.4 Facility Visits 14 Section 6.5 Taxes 14 Section 6.6 Shared Facilities 15 Section 6.7 Guaranteed Storage Availability 16 Section 6.8 Storage Capacity Tests 18 Section 6.9 Project Configuration 18
CEC Certification. On or before October 1, 2021, Seller shall deliver to Buyer evidence reasonably satisfactory to Buyer that the Facility is CEC Certified.
CEC Certification. Seller shall maintain RPS-Certification throughout the Term of the Agreement.
CEC Certification. Promptly, but in no event more than ten (10) days following the Commercial Operation Date, Seller shall file with the CEC all materials and documents required to demonstrate that the Facility is a solar photovoltaic facility entitled to be CEC Certified. Seller shall promptly provide Buyer with copies of all submittals to the CEC and other correspondence between Seller and the CEC. Failure by Seller to comply with the requirements set forth in this Section 3.6 shall constitute an event of default by Seller, subject to the cure periods set forth in Section 13.1(b).
